153 human beings held incommunicado

    Can I say this, your Honour? If your Honour could possibly give us the thoughts that your Honour had in writing so we can start working together on those forthwith – – –
  • HAYNE J:
    That is what junior solicitors are for, Mr Merkel, to scribble down what the judge said, but, yes, all right, you can have a rather scrappy draft on terms.
  • HAYNE J:
    Is it likely to be of assistance to the parties for me to make available the aide-mémoire I prepared for myself in, I think, the seven minutes I had to read the document?
    I think that is a matter for Mr Merkel, your Honour. Our notes are adequate.
    Yes, we would appreciate it, your Honour.
  • HAYNE J:
    Both sides will have the aide-mémoire. I am beginning to wonder which side of the Bar table I am sitting, gentlemen.*
    JARK and Ors v Minister for Immigration and Border Protection and Anor [2014] HCATrans 150 (18 July 2014)* Merkel for the refugees used to BE a judge

TRANSCRIPT FROM COURT PROCEEDINGS LAST WEEK IS AVAILABLE HERE – on matter of the 153 people held in custody on board an Australian ship somewhere out there on the ocean.

Has anyone has yesterdays transcript?

These are difficult reading for we non-lawyers but they do show how technical and fragile are the legal arguments on which our human rights hang in this country.

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